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Mom went into Memory care two years ago in Michigan and I am the durable power of attorney. Sister & I were not prepared to house or care for her safely at the time. I am going to have to sell her house soon since no one has been living in it and it is extra bills her savings pays for. I’d like to be able to buy another home with safe setting to be able to take her in and take over her full care. Am I able to use any of her money to be able to purchase said home? She is exhausting her savings fast with the very expensive memory care unit and I know we can take care of her for less in the long run when with some part time help and or adult day care services. It is costing $6700 a month there. It’s either we take her or let her spend every dollar from sale of her home which only will last about 2-3 years where she is and then she would be broke and go on Medicaid. Her POA documents were drawn in Florida and that’s where we ultimately would go back to buy a home, unless we buy in Maryland. Mom was only in Michigan a week and a half before having stroke and landing her in the situation. She moved from Florida. I considered asking elder lawyer but I don’t know what state I need to consult? Michigan where she is or Maryland where I am currently, or Florida? Or can I just do it and it be legal? Very confused. Any thoughts and advise would be appreciated. I know I can’t use her money for my own so I have followed that rule. I know this would be in her best interest.

You can probably sell her home but I don’t believe you can purchase another home in her name. It depends on the laws of your state and the specifics of the POA, ie: what power does it actually give you. As POA you are responsible for being a steward of her money but it can’t be spent to enrich your life or living circumstances. If you sell you will need to use the money for her care. You should see an attorney before you do anything.
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Reply to RLWG54
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If your mom is now in a memory care facility she is way beyond being able to care for at home, no matter how good your intentions are.
You need to sell her home and use those proceeds to pay for her memory care, and when those funds run out you apply for Medicaid for her, and they will continue to pay if your mom is still alive at that point.
I don't think you realize just how difficult it is to care for someone with dementia 24/7. Right now she has lots of people caring for her, and if she were to come live with you, it will be only you providing that same 24/7 care and you will have no life what so ever.
So no you should not buy any house using your moms money under the guise that it's because you want to now care for her. Medicaid will definitely frown at that, and penalize her if and when she would need them in the future.
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Reply to funkygrandma59
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I have an ex-friend who uses someone’s POA money to buy a home.

Someone in the family reported it, and she went to jail for 5 years.

Be VERY careful. Consult an attorney.
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Reply to cxmoody
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Your mom is where trained professionals are caring for her. Please don’t assume that you can provide a high enough level of care for mom. Home care of a dementia patient is very difficult and the learning curve is steep. It doesn’t take long to burn out and wish you’d never started it, because once you’re in, it’s hard to get out. I’m caregiving for my fourth family dementia patient, and I know. Leave mom where she is!
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Reply to Fawnby
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No. You cannot buy a home in her name. She is no longer capable of making a decision to purchase a home, and it could look self serving your buying one as POA.

This is a legal Fiduciary responsibility that is held to highest standards under the law. You have a right to get expert advice about something you are doing for your mother as her POA. So do see an elder law attorney so that you more fully understand your roles as POA and its powers and limitations.
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Reply to AlvaDeer
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Curiousamypoa, please do not move your Mom, it will only make her dementia worse. Are you ready to work 168 hours per week? You will quickly find that you will need to hire caregivers to help with your Mom's care because either you or your sister, or both of you, will burn out quickly. And please note that 40% of family caregivers caring for someone with dementia die leaving behind the love one they were caring. Those are not good odds.


Depending on where you live, and you find you need to hire 3-shifts of caregivers, it could cost you $20,000 per month, yes per month. That's the amount my Dad paid when he need around the clock caregivers a few years back. That will bite into your Mom's savings a heck of a lot faster than her $6,700 cost in Memory Care.


Do not touch Mom's money to purchase a house. There is always a chance that your Mom may need to go back to a nursing facility, later under Medicaid. And Medicaid may consider whatever $$ you use to buy a house as "gifting". That means Mom will have to come up with the money to pay the facility as Medicaid will not kick in until the gifted amount is reimbursed. See how complex this can be.
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Reply to freqflyer
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